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HomeMy WebLinkAbout2007-09-05 MINUTESREGULAR MEETING COTTAGE GROVE CITY COUNCIL September 5, 2007 OPEN FORUM — 7:15 p.m. Open forum provides a person an opportunity to inform the Council of a problem or to request information related to City business not scheduled for Council action and on the Agenda. Present: Mayor Sandy Shiely Council Member Myron Bailey Council Member Mark Grossklaus Council Member Fred Luden Council Member Pat Rice Also Present: Ryan Schroeder, City Administrator Howard Blin, Community Development Director Les Burshten, Public Works Director Ron Hedberg, Finance and Administrative Services Director Jennifer Levitt, City Engineer Corrine Thomson, City Attorney Craig Woolery, Public Safety Director Not Present: None Mayor Shiely opened the Open Forum at 7:15 p.m. Joe Murphy, 8724 95 Street, inquired as to whether there is a resolution regarding the water problem and said he had understood from a City staff person that the subject would be on the evening's agenda. Leslie Seivert, 9747 Miller Road, requested that a private meeting be scheduled for concerned residents with Council regarding City water, stating that wells have been affected. Mayor Shiely apologized that the topic was not on the evening's agenda and directed the City Administrator to schedule a meeting as soon as possible, also noting that it would also likely need to include representatives from the Department of Health and MPCA. Carissa Umbreit, 9621 Hallmark, stated that she is fighting for additional restrictions on vicious dogs, pitbulls in particular, following a recent attack in August that injured a neighborhood couple and their finro-year-old daughter. She distributed photos of the injuries and the area where the dog is kept, and reported that she had obtained 78 signatures, out of 80 solicited, for a petition in support of more restrictions on dangerous dogs and stated that the City should do everything it can to ensure resident safety. Regular Meeting — September 5, 2007 Cottage Grove City Council Page 2 Debbie Buckner, 9636 Hallmark, reported that she is a neighbor to the family injured by the pitbull and described how she is now fearful to walk with her daughter outside, for fear of being attacked. She said nothing has been done to correct the situation and she wants the owner to get rid of the second pitbull or provide a secure fence or kennel. Chris Hahnfeld, 7000 96 Street, stated that there are ten children under nine in five area homes near the attack and it would be impossible to rush all ten inside to safety should the second pitbull unexpectedly attack. Mark Craig, 9633 Hallmark Avenue, who was attacked by the pitbull along with his pregnant wife and toddler, said he wants the homeowner held responsible for what the dog did. He described the attack in detail and noted the assistance received from the Public Safety Director and nearby neighbors, adding that he doesn't want this to happen to anyone else. Mr. Craig added that some states ban owners from having pets for a three-year period following attacks and then can only have them, with restrictions, once they've proven they can be responsible. Mayor Shiely thanked the residents for their input and said she absolutely sympathizes with the families. She directed that the Public Safety Director get back in touch with the residents and also suggested that the topic be re-addressed at a future Council meeting. Gary Spooner, 7528 74 Street South, owner of Bullet License Center, said he is disappointed with signage provided for businesses during the roundabout construction. He said signs are too small for passing drivers to read and they identify "Cottage Grove Marketplace" but do not designate the building. Mr. Spooner requests that the City work with business people to correct this problem. Mayor Shiely directed that the City Engineer contact Mr. Spooner. There being no additional speakers, Mayor Shiely closed the Open Forum at 7:36 p.m. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on Wednesday, September 5, 2007, at the Cottage Grove City Hall, 7516 80 Street South. Mayor Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Myron Bailey Council Member Mark Grossklaus Council Member Fred Luden Council Member Pat Rice 2 Regular Meeting — September 5, 2007 Cottage Grove City Council Page 3 Also Present: Ryan Schroeder, City Administrator Howard Blin, Community Development Director Les Burshten, Public Works Director Ron Hedberg, Finance and Administrative Services Director Jennifer Levitt, City Engineer Corrine Thomson, City Attorney Craig Woolery, Public Safety Director Not Present: None ADOPTION OF AGENDA Mayor Shiely requested that Items D and E under Unfinished and New Business be discussed in advance of Items B and C, to eliminate wait time for attending residents. MOTION BY RICE, SECONDED BY BAILEY, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. PRESENTATION A. School District 833 Superintendent Tom Nelson Superintendent Nelson provided an update to Council regarding transitions moving towards the opening of a third high school, a referendum to undertake this fall, and construction projects going on in the area: • Cottage Grove Junior High - an eight-classroom addition to increase capacity. • Park High School - multi-purpose field project (turf and track) finished ahead of schedule and upcoming includes a mechanical systems update (over 1-1/2 years), wrestling room, new group lecture area and multi-use room, and science room. Field dedication ceremony will be held September 7 at the game. • East Ridge High School - grade configuration to include 9 th graders. • Pine Hill Elementary - mechanical system replacement. • Grey Cloud Elementary - addition. • November 6 district election for renewal of $14.1 million levies ($6.5 million for 2007-2008 and $7.6 million for 2009-2010), reflecting no tax increase from $6.5 million that expires in fall 2007. State allows school districts to include inflation amounts but the 'school board declined, stating that it doesn't want any increase to taxpayers. Council Member Grossklaus inquired about attendance boundaries, and Superintendent Nelson responded by stating that they would be changing (high schools grades 9-12, middle schools grades 6-8, and grade schools grades K-5) and there will be community meetings to talk about potential growth issues and mapping and he will notify Council of those dates. 3 Regular Meeting — September 5, 2007 Cottage Grove City Council Page 4 Superintendent Nelson invited Council Members to the stadium ceremony and distributed passes for the September 7 game. Mayor Shiely thanked him for the presentation and complimentary tickets. APPROVAL OF MINUTES The City Administrator noted a correction to page five of the July 18, 2007, minutes, changing a 3-0 vote to 5-0 to adopt the concept design for the Hamlet Park master plan. A. Julv 18, 2007, Regular Meetinq Mayor Shiely stated that the minutes stood approved as amended. B. July 25, 2007, Special Meetinq C. Auqust 8, 2007, Regular Meetinq D. Auaust 22, 2007, Special Meetinq Mayor Shiely stated that the minutes stood approved as submitted. CONSENT CALENDAR Mayor Shiely pulled Item C and inquired about archery and firearms distance restrictions in relation to roadways. The Public Safety Director said that Chapter 97 under State law directs that there be no discharge over right of ways. MOTION BY RICE, SECONDED BY LUDEN, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: I. PLANNING COMMISSION MEETING MINUTES FROM MAY 21, 2007. II. PLANNING COMMISSION MEETING MINUTES FROM JUNE 25, 2007. B. RECEIVE THE 2008 SOUTH WASHNGTON COUNTY TELECOMMUNICATIONS COMMISSION BUDGET. C. APPROVE THE 2007-2008 MAPS DESIGNATING AREAS TO DISCHARGE ARCHERY AND FIREARMS WITHIN THE CITY. D. ADOPT RESOLUTION NO. 07-139 THROUGH 07-148 DECLARING COSTS AND CALLING FOR PUBLIC HEARINGS ON THE FOLLOWING FIVE ASSESSMENT PROJECTS: CP RAIL -$1,837,108.71; PINECLIFF 2 ND -$64,432.50; SILVERWOOD 1 ST AND 2 ND -$363,393.78; MISSISSIPPI DUNES 2" -$32,126.09; TIMBER RIDGE 6 T " - $ 181,683.71. E. ADOPT RESOLUTION NO. 07-149 APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A SEPTEMBER 27, 2007 BID DATE FOR THE EVERWOOD ADDITION UTILITY, STREET AND STREET LIGHTING IMPROVEMENTS. F. ADOPT RESOLUTION NO. 07-150 AND RESOLUTION NO. 07-151 AGREEING TO THE TERMS AND CONDITIONS OF THE LOCAL ROAD IMRPOVEMENT PROGRAM FOR STATE PROJECT NO. 8205-117 (TH 61=003). 4 Regular Meeting — September 5, 2007 Cottage Grove City Council Page 5 G. EXTEND THE WORKING DAYS TO INCLUDE SUNDAY FROM 7 A.M. TO 7 P.M. FOR THE GRANGE WATER TOWER PAINTING PROJECT, CONTINGENT UPON NO SERIOUS COMPLAINTS RECEIVED REGARDING THE WORK. H. APPROVE THE TRAFFIC CONTROL ANALYSIS FOR THE 2008 PAVEMENT MANAGEMENT AREA TO SEH IN THE AMOUNT OF $5,940.00. I. APPROVE THE PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND SHORT ELLIOTT HENDRICKSON, INC. AND HIRING SHORT ELLIOTT HENDRICKSON, INC. FOR THE DESIGN AND CONSTRUCTION SERVICES FOR THE 2008 PAVEMENT MANAGEMENT PROJECT. J. AUTHORIZE WSB TO DO THE DESIGN AND CONSTRUCTION SERVICES FOR THE LEHIGH AND TH 95 IMPROVEMENT PROJECT AS OUTLINED IN THE PROPOSAL DATED JULY 11, 2007. K. ADOPT RESOLUTION NO. 07-152 AUTHORIZING THE PREPARATION OF A FEASIBILITY REPORT FOR THE LEHIGH AND TH 95 IMPROVEMENT PROJECT. L. AUTHORIZE THE ACQUISTION OF A PERMANENT ROADWAY, UTILITY, AND DRAINAGE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON THE AMHERST H. WILDER FOUNDATION PROPERTY FOR THE WATERMAIN PROJECT ALONG JAMAICA AVENUE, NORTH OF 70 STREET; PAYMENT TO AMHERST H. WILDER FOUNDATION NOT TO EXCEED $111,714.04; AND A CROP LOSS PAYMENT NOT TO EXCEED $1,000.00. M. AUTHORIZE THE CITY ADMINISTRATOR TO NOTIFY THE FEDERAL RAILROAD ADMINISTRATION OF THE CITY'S INTENT TO EXTEND THE INMAN AVENUE QUIET ZONE UNTIL 2010, DURING WHICH TIME POSSIBLE IMPROVEMENTS TO THE CROSSING WILL BE EXAMINED. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES None. PUBLIC HEARINGS A. 1) Conduct public hearinq considerinq the assessment at 8414 66 Street South for the removal of nublic safetv hazards. 2) Consider adoptinq the resolution adoptinq the The Finance and Administrative Services Director's report stated that Minnesota State Statutes provide cities the ability to assess the costs associated with the removal or elimination of public health or safety hazards from private property. Recently the City was required to remove hazards at 8414 66 Street South, owned by Donna M. Evans and Rosemary Geiser. The Council on August 8, 2007 declared the costs to be assessed, ordered the preparation of the assessment roll, and called for the public hearing to be held on September 5, 2007 to consider the assessment. The assessment notice was published on August 22, 2007, and the assessment notice was mailed to the property owner as required by State Statute. Regular Meeting — September 5, 2007 Cottage Grove City Council Page 6 The work perFormed consisted of the removal of hazardous conditions on the property due to a January 2007 house fire. In April 2007, the City received a Default Judgment through Washington County District Court to remove the damaged residence because the owner failed to abate the hazardous conditions. The City abated the conditions and incurred costs for the excavation of this property in the amount of $8,000.00 plus attorney fees of $4,936.15. In addition, the City incurred charges of $96.30 to publish the assessment notice and $4.00 for placing the assessment on the tax roll. Therefore, staff recommends and assessment of $13,036.45. Once these costs are assessed, it becomes a lien on the property that will be deducted from the escrow amount held by the City. The City received an escrow check under Minnesota Status 65, Fire and Related Insurance. The remaining escrow funds will then be returned per this same Statute. Mayor Shiely opened the public hearing at 7:57 p.m. There being no speakers, Mayor Shiely closed the public hearing at 7:57 p.m. MOTION BY BAILEY, SECONDED BY GROSSKLAUS, TO ADOPT RESOLUTION NO. 07-153 ADOPTING THE ASSESSMENT FOR THE REMOVAL OF PUBLIC SAFETY HAZARDS FROM THE PROPERTY LOCATED AT 8414 66 STREET SOUTH IN THE AMOUNT OF $13,036.45. MOTION CARRIED 5-0. B. 1) Conduct public hearing considerinq the assessment at 6882 98 Street South for the removal of public safetv hazards. 2) Consider adoptinq the resolution adoptincLthe assessment at 6882 98 Street South. The Finance Director's report stated that the City was required to remove hazards at 6882 98 Street South, owned by Mohamed Abdelhafiz, and foreclosed by HSBC Mortgage Services. The Council on August 8, 2007, declared the costs to be assessed, ordered the preparation of the assessment roll, and called for the public hearing to be held on September 5, 2007, to consider the assessment. The assessment notice was published on August 22, 2007, and the assessment notice was mailed to the property owner as required by State Statute. The work performed consisted of the securing of this property from public entrance. The City completed the abatement because the property owner and the mortgage company failed to do so. The City incurred costs for the securing of this property in the amount of $116.75 and $96.30 to publish the assessment notice and $4.00 for placing the assessment on the tax roll and, therefore, staff recommends an assessment of $217.05. Mayor Shiely opened the public hearing at 7:58 p.m. There being no speakers, Mayor Shiely closed the public hearing at 7:58 p.m. 0 Regular Meeting — September 5, 2007 Cottage Grove City Council Page 7 MOTION BY LUDEN, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 07-154 ADOPTING THE ASSESSMENT FOR THE REMOVAL OF PUBLIC SAFETY HAZARDS FROM THE PROPERTY LOCATED AT 6882 98 STREET SOUTH IN THE AMOUNT OF $217.05. Council Member Rice inquired about the status of getting the area squared away. Bob LaBrosse, building official, said the original developer still owns several of the properties and the City is attempting to work things out, hoping that through the foreclosure process a builder will come in to take over. The Community Development Director added that they are attempting to get a homeowners association in control, to assume responsibility for lawn maintenance, etc. Council Member Rice suggested that something be done, if at all possible, to prevent the same situation from happening in the future. Mayor Shiely said she has noticed a lot of weeds there as well, and the Community Development Director said staff has been working with the mortgage holder to get the work done before winter. MOTION CARRIED 5-0. BID AWARDS A. Consider awarding the contract for the South Point Ridqe Utility, Street, and Street Liqhting Improvements Project to Frattalone Companies, Inc. in the amount of $920,123.59. The City Engineer reported that the lowest bidder of 13 bids for the project is Frattalone Companies, Inc. in the amount of $920,123.59, compared to the Engineer's estimate of $1,220,000.00. MOTION BY MAYOR SHIELY, SECONDED BY GROSSKLAUS, TO ADOPT RESOLUTION NO. 07-155 AWARDING THE CONTRACT FOR THE SOUTH POINT RIDGE UTILITY, STREET, AND STREET LIGHTING IMPROVEMENTS PROJECT TO FRATTALONE COMPANIES, INC. IN THE AMOUNT OF $920,123.59. MOTION CARRIED 5-0. UNFINISHED AND NEW BUSINESS A. Consider approvinq the rezoninq of approximately 9.55 acres of land located a auarter mile west of Manninq Avenue and north of 114 Street from AG-1, Aqricultural Preservation, to R-1, Rural Residential. The Community Development Director displayed the aerial view and provided background information regarding the site. He said the buyer wishes to build a house and needs the land rezoned in order to do so, adding that the Planning Commission recommended approval to do so. Regular Meeting — September 5, 2007 Cottage Grove City Council Page 8 MOTION BY GROSSKLAUS, SECONDED BY BAILEY, TO ADOPT ORDINANCE NO. 823 APPROVING THE REZONING OF 9.55 ACRES OF LAND FROM AG-1 TO R-1 AND RESOLUTION NO. 07-156 AUTHORIZING PUBLICATION OF AN ORDINANCE SUMMARY. MOTION CARRIED 5-0. B. 1 ) Consider approval of rezoninq 3.7 acres of land located in the southwest corner of the proposed Werner Electric site from R-5 Medium Densitv Residential, to I-2, General Industry. 2) Consider approval of the site plan for the Werner Electric Proiect. The Community Development Director displayed the site map and aerial map and described the project, the first phase being a 35,000 square-foot office and 8,500 square-foot distribution warehouse, with potential for a 96,000 square-foot addition for office and distribution. He said a key consideration has been addressed (buffering residences by placing main entrances on the side), all elements of the building meet the new architectural standards, and truck traffic is fairly light with 42 total trips, and lighting and landscaping plans were satisfactory. The Community Development Director reported that the Planning Commission unanimously recommended that Council rezone approximately 3.7 acres of land that is in the southwest corner of Werner Electric Supply's future site from R-5, Medium Density Residential, to I-2, General Industry and approve the site plan, subject to the conditions listed in the draft resolution. Council Member Luden inquired about the discrepancy between 6.7 and 3.7 acres in the accompanying documentation, and the Community Development Director clarified that the correct figure is 3.7. MOTION BY BAILEY, SECONDED BY RICE, TO PASS ORDINANCE NO. 824, REZONING 3.7 ACRES OF LAND LOCATED IN THE SOUTHWEST CORNER OF THE PROPOSED WERNER ELECTRIC SITE FROM R-5, MEDIUM DENSITY RESIDENTIAL, TO I-2, GENERAL INDUSTRY, AND RESOLUTION NO. 07-157 AUTHORIZING PUBLICATION BY TITLE AND SUMMARY. MOTION CARRIED 5-0. MOTION BY RICE, SECONDED BY MAYOR SHIELY, TO ADOPT RESOLUTION NO. 07- 158 APPROVING THE SITE PLAN FOR THE WERNER ELECTRIC PROJECT. MOTION CARRIED 5-0. C. Consider settinq the date for the 2007/Pavable 2008 Truth in Taxation Hearinq. The Finance and Administrative Services Director reported that, as part of the Truth in Taxation process, the City is required to pick a date to hold the hearing and notify Washington County so they can prepare the Truth in Taxation notices that will be mailed to property owners this fall. Council consensus was to set the Truth in Taxation hearing at 7 0 Regular Meeting — September 5, 2007 Cottage Grove City Council Page 9 p.m. on November 29 and continue at 7 p.m. on December 10, if needed. Mayor Shiely noted that the hearing will not be the venue in which residents come to discuss house valuations and that they can contact the County regarding that issue. D. Consider adoptinq resolutions adopting the proposed 2008 budqet and the proposed 2007 tax levv collectible in 2008 for the Citv of Cottaqe Grove. The Finance and Administrative Services Director presented his report regarding the 2008 preliminary levy and 2008 preliminary operating budget. He described the levy process and cited the 2008 preliminary levy as $12,184,000, a 3.1 % increase over 2007, as well as the significant items which include pavement management debt service at $1.4 million, continued levying for debt reduction and future pavement management of $100,000, a levy to reduce any future impacts of reductions to fiscal disparity, and the ice arena levy of $230,000 to cover operating deficit and provide for debt service on the new facility. Mayor Shiely complimented staff for their work since last spring regarding budget, as well as Council Members. MOTION BY BAILEY, SECONDED BY LUDEN, TO ADOPT RESOLUTION NO. 07-159 ADOPTING THE PROPOSED 2008 BUDGET MOTION CARRIED 5-0. MOTION BY GROSSKLAUS, SECONDED BY MAYOR SHIELY, TO ADOPT RESOLUTION NO. 07-160 ADOPTING THE PROPOSED 2007 TAX LEVY COLLECTIBLE IN 2008 FOR THE CITY OF COTTAGE GROVE. MOTION CARRIED 5-0. E. Consider authorizing staff to enter into a 20-year lease aareement with the Cottaqe Grove Athletic Asso.ciation regarding usage of the Cottaqe Grove Ice Arena. The City Administrator said the funding mechanism of the Cottage Grove Ice Arena Expansion and agreement between the City and Cottage Grove Athletic Association had been reviewed and approved by the Cottage Grove Athletic Association, City staff, and City Attorney, and staff seeks Council authorization to enter into a 20-year agreement with the Association. MOTION BY RICE, SECONDED BY BAILEY, TO AUTHORIZE STAFF TO ENTER INTO A 20-YEAR LEASE AGREEMENT WITH THE COTTAGE GROVE ATHLETIC ASSOCIATION REGARDING USAGE OF THE COTTAGE GROVE ICE ARENA. MOTION CARRIED 5-0. 0 Regular Meeting — September 5, 2007 Cottage Grove City Council Page 10 RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS None. COUNCIL COMMENTS AND REQUESTS Mayor Shiely inquired about the status of the 30-mph designation from 90 Street to 100 Street on Hadley during road construction. The City Engineer responded that the reduced speed is still in effect. PAY BILLS MOTION BY GROSSKLAUS, SECONDED BY MAYOR SHIELY, TO APPROVE PAYMENT OF CHECK NUMBERS 151478 TO 151916 IN THE AMOUNT OF $1,942,516.92. MOTION CARRIED 5-0. The Council adjourned to the Open Workshop Session at 8:50 p.m. following a ten-minute break. WORKSHOP SESSION — OPEN A. Code Enforcement and Building Inspections The Community Development Director provided an overview of code enforcement and rental housing activities, including current priorities. 1. Response to complaints: Inspections staff receives complaints on a daily basis from residents reporting code violations. Inspectors visit the property and contact the property owner to bring the site into compliance with property maintenance codes. 2. Rental housing inspections: There are currently 542 licensed rental units and it is assumed more are unlicensed than licensed. To identify all rental units, staff is analyzing records of non-homestead property. Through 2008, the goal will be to inspect and license all rental units in the City. 3. Commercial property inspection: In 2007, the focus has been to bring all commercial sites into compliance with the Sign Ordinance, particularly in the area of temporary signs. In 2008, commercial property owners will be contacted about deficiencies in landscape maintenance. 4. Public education: To educate residents about the various requirements for property maintenance, informational pieces will continue to be placed in the Cottage Grove Reports, Cottage Grove Monthly Reports, and local cable television programs. 5. Property maintenance code update: To incorporate 2000 ICB, IRZ, IMC, IFC, as chapters were reorganized. Includes non-residential properties, smoke/carbon monoxide detectors, and increased penalties for non-compliance. 10 Regular Meeting — September 5, 2007 Cottage Grove City Council Page 11 To improve enforcement activities, a major update of the Structure and Property Maintenance section of the City code is proposed. Staff has worked with the City Attorney to draft amendments to the existing requirements. Major changes include expanding the reach of the code to commercial and institutional (non-residential) properties and expanding requirements for rental housing units. After initial City Council review, the code revisions are scheduled to be on the September 19 Council agenda for action. The Community Development Director reported that building inspection activities totals for 2006-2007 show permits (requiring two inspections) up 24% but inspections down 36% (single family housing permits, requiring a minimum of ten inspections), which frees up time to do other projects. These include: • RPZ valves inspections (reverse flow preventer) • Indexing of commercial/industrial building plans • Training on new building codes • Increased time for inspections • Assumed front desk activities • Rental housing inspections • Updated property maintenance codes Mayor Shiely passed on the compliment from Presbyterian staff about the great job that Bob LaBrosse is doing and also said she is pleased that staff is taking advantage of the opportunity to do additional projects, noting the importance of public education. WORKSHOP SESSION — CLOSED None. ADJOURNMENT MOTION BY RICE, SECONDED BY BAILEY, TO ADJOURN THE MEETING AT 9:10 P.M. MOTION CARRIED 5-0. RespectFully submitted, Mary Heintz TimeSaver Off Site Secretarial, Inc. 11